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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have to draft an order to show cause related to family

Customer Question

I have to draft an order to show cause related to family case , I want to write brief . what should a legal brief should have as per NJ court rules?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The memorandum in support of your order to show cause needs to be written in what is referred to as the IRAC format. IRAC stands for "issue," "rule," "analysis" and "conclusion." So you would for state each issue and then the case law or statute supporting your position on the motion, then you would discuss how the rule supports your position on the issue and then in conclusion you would summarize the rule and why it should be applied to your issue.
Here is a sample of a memorandum in support of a motion: http://www.lsnjlaw.org/Housing/Home-Ownership/Foreclosure/Pages/Defendants_Memorandum_in_Support_of_Motion_to_Vacate_Judgment.pdf
Customer: replied 1 year ago.
My issue is request a motion hearing to be adjourned as I am not prepared for it .. If I go ahead it will only cause harm to me and children .. My adversary us not agreeing to it.. I want to try force adjournment citing reason why thus harmful
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So you need to present your facts in the motion as to why you are not prepared. Your argument is also that as a pro se litigant you require more time than an attorney because you do not understand law and you have to learn as you go which takes you much more time than an attorney. Generally courts will grant a continuance to a pro se who is seeking a reasonable time to prepare because of lack of knowledge of the laws.
Customer: replied 1 year ago.
Is brief is a separate attachment or part of certification in support of show cause or Part of show cause order itself ?
Expert:  Law Educator, Esq. replied 1 year ago.
The brief is separate and it is a Memorandum in Support of the Motion for Order to Show Cause. You have to ask the court for a show cause order, which is the motion for an order to show cause. The memorandum is separate and filed at the same time as the motion.
Customer: replied 1 year ago.
Is there any prescribed format for the memorandum ? I am aware certification in support of.....
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Did you look at the link I provided in my first answer to you? The link is a template for a memorandum in support of any type of motion.
Customer: replied 1 year ago.
I looked at the link. The memomorandam refers to certification that means an offer to cause has 3 components right ?
Customer: replied 1 year ago.
Sorry typos... I mean an order to show cause has 3 components?
Customer: replied 1 year ago.
Also u said memorandum should accompany any motion.. But as per form 20483 it does not refer to an memorand
Customer: replied 1 year ago.
Form 10483
Customer: replied 1 year ago.
Are u there?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Sorry for the delay, but as you can see I am online early in the morning and it was getting late last night and I had to go off for dinner.
Every motion needs to be supported by a memorandum, if not the court has no way to know the legal basis for your motion and your arguments on your position.
The certification is part of the motion and it is merely a notarized affidavit attesting that everything is true and correct that is made a part of the motion. The motion also has a Notice of Motion with it, which is the notice to the parties and court you are requesting a motion. These are short half page forms that are not really pleadings on their own, they are part of the motion/memorandum of law in support of the motion.